norty25 vs HSBC - back again

[Norty25]

Thanks guys - I certainly hope I can post as **WON** soon!

 

One other question though - on MCOL my claim status is 'acknowledged' so should I be expecting something through the post soon with dg solicitors address on so I can send the list of charges and letter - also do I send list of charges as it was issued with the claim or with the interest to date?

 

thanks muchly

[lateralus]

yes, you'll get it shortly - send it with the charges as filed and a daily rate of xxp/day until settled - they'll get the message

[Norty25]

that's great - thanks again

[Norty25]

Hi,

 

have received my acknowledgement with intention to defend in full today, along with an offer from HSBC to refund £482.00 as full and final settlement of the matter.

 

My first reaction was to feel inclined not to accept this offer as the original charges were £587 and I have now also paid £80 in court fees which they have not considered - with the S69 interest as of 2nd April my total claim was £779.59

 

In their letter (in addition to the usual bull about being able to successfully resist any legal challenge due to the fees being set out in thie terms and conditions) they state that they are not prepared to refund certain charges:

- £20 temporary overdraft limit fee - fair enough as I think this was an error on my part, dont think i should have included this in my list of charges.

- overdraft interest!! - I didn't even claim for overdraft interest! only the S69 interest! that just goes to show how much attention they have paid to my claim!

 

What does everyone suggest? - if this is deemed as a reasonable offer then I'm happy to accept, as I wouldn't want to take it further and then lose the case altogether

Is it worth writing back to them and requesting £80 court fees on top of their offer (I would be a lot happier with this) or are they likely to tell me to get on my bike and then my claim be affected?

 

Any suggestions muchly appreciated!

[jowalshy]

It is entirely up to you. You could always accept offer as partial acceptance and continue with your claim. You have put in all the hard work so far so I think you are entitled for the rest. This is what I am doing. I was offered about 87% of my claim the day after I filed my MCOL. I accepted their offer as part payment and informed that I would be continuing my claim through the courts. Needless to say I never received the offer they made. DG has filed their defence and I am now waiting for the postman to bring me the court stuff.

[nettyg]

Hi,

 

Is it worth writing back to them and requesting £80 court fees on top of their offer (I would be a lot happier with this) or are they likely to tell me to get on my bike and then my claim be affected?

 

Any suggestions muchly appreciated!

 

erm... yes it is!! it cost you a further 80 squid - refundable costs, so write and tell them thanks very much but you want the further costs incurred by filing your claim.

[Norty25]

Hi,

 

this is the first draft of the letter I'm planning to send to HSBC (need to fill in the dates etc) - i'm not sure on the wording though so would appreciate any comments... thanks!

Thank you for your letter dated ?? April 2007.

I would like to take this opportunity to thank you for your offer of £482.00 as part repayment of charges.

However, I do not feel that I am able to accept this offer, as it does not take into consideration the court fees which I have incurred during this process.

You state in your letter that you do not intend to repay costs which relate to overdraft interest.

Please may I point out that my claim and schedule of charges does not include overdraft interest. Therefore this statement does not apply in my case.

I have however included interest pursuant to S69 of the County Courts Act 1984.

If you feel that you may be able to re-consider your offer to include £80 court fees which I have incurred to date, then I am willing to reconsider a new offer.

However, if this is not possible then I have no choice but to continue my claim through the courts process.

[Castlebest]

Hiya Norty, That looks fine although I would give them a deadline to react to your comments and I wouldn’t hold out much hope of HSBC increasing their offer but I live to be proved wrong .

 

Send off the letter and see what happens, if they don’t respond then you still have your claim running in the court so sooner or later DG will have to send you an offer including your costs and the statutory interest.

 

pete

[Norty25]

cheers i hope it all works out okay now - I feel a bit greedy asking for more but I've pu too much effort in to let then get away with that offer!

[Castlebest]

Never feel greedy when claiming your own money back off a bank. I got an offer for almost £4000 but it didnt have any interest since I had done MCOL so I wrote back asking for an increase. I got it, only £30 but its my money.

 

pete

[nettyg]

no your'e not greedy at all!!! it is your money - they were greedy when they took it when you needed it:mad:

[Norty25]

very true! i will stop feeling greedy

[Norty25]

Hi just a quick update really - wrote to HSBC and they wrote back today with word to the effect of 'no way are we giving you any more than our last offer' they also said that as far as they are concerned this is the end of the matter and if I want to take matters further then I should contact the financial ombudsman - but surely my claim (which has been acknowledged) is taking matters further?!

 

So I guess now I just wait for the deadline for them to enter a defense - my claim was deemed to be served on 7th April so they have until Sat 5th May to do so.

How will I know if they have submitted their defense in time?

 

Thanks

[leddochic]

Hi There,

 

Reclaiming £2253.00 {includes £120 court fee}

 

You've at least got further than me, I've sent both letters got nowhere, issued court proceeding on the 27th March, they acknowledged, there deadline is tmrw, looked at MCOL and they have filed a defence, now I'm whacking myself, not sure what to do now they say no longer able to deal with this online, what happens next, I've not sent the court any letters highlighted on your threads, god wish I had found this site earlier,!!!!!!!!!

 

Anyone , Any where, what next !!! Please Help

 

Jules xx

[lateralus]

just sent you a long message on givememymoney thread = also asked a moderator to move your thread into the forum so we can find you again.

anyone, anwhere just showed up - you'll be fine!

[Castlebest]

Hiya Norty, well you have paid the money so your in for the ride, HSBC will now have to pay the court filing fees they have just refused you plus the 8% statutory interest.

They must have too much money and want to give it away

pete

[Norty25]

hee hee I suppose they must have lots of money - they've taken enough from us!

seems silly to me, but if they want to fight a loosing battle then so be it!

[Norty25]

Hi again,

 

so HSBC have entered a defense and my claim is being moved to a local court.

I'm getting a bit scared now - how can they enter a defense if the charges are unlawful? what will they have put in it???

 

I take it that now I just wait for the allocation questionnaire to arrive... any ideas what extra fees will I need to pay at this point?

 

eeek!!

[freakyleaky]

New---after 28 Days - Maybe No Aq!!!!!!!

 

Have a read of this, you are in the same boat as loads of others. No need to panic.

Any problems just shout and someone will be along to help.

[Norty25]

Hi,

 

I've now received the notice of transfer of proceedings along with a copy of HSBC's defense and a leaflet about mediation.

As expected, the allocation questionnaire has been dispensed with.

 

I'm in the process of putting a letter together to send to DG solicitors to give them the opportunity to settle out of court, but other than that is there anything else that I should be doing at this stage?

 

Thanks for the help - I may have dropped out by now if it wasn't for this website!

[Norty25]

hi again,

 

just started writing my letter as mentioned above and got a couple of queries..

 

- Do I have to include the full amount including s69 interest or should I just go for the charges and court costs (I'm not claiming OD interest)?

 

- Should the schedule of charges be an up to date version with s69 interest to date, or a copy of the schedule as it stood when the claim was originally issued via MCOL?

 

This is my first draft of the letter I was thinking of sending - would appreciate some feedback...

 

Dear Sirs,

 

As of 9th May I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to ******** County Court.

I am mindful of the vast number of claims with which you are currently dealing.

I am aware that many courts take the view that Banks are using the court system to delay the process of settlement. I’m sure that you are aware that recently a high court judge has expressed his view that Banks are wasting the time of claimants and the courts. This judge also warned that if this manipulation of the system continues, it is possible that damages may be awarded for undue stress and inconvenience caused.

With the above in mind, I propose the following In order to more speedily resolve this matter.

I am willing to accept the sum of £667. This is a fair offer, which it is to your benefit to seriously consider, as it only takes account of the unlawful charges that you have taken from me along with Court fees I have incurred to date and by settling in this manner you will avoid paying me the interest pursuant to s69.

I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved.

For the reasons stated above, I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

 

[Castlebest]

Hiya Norty, your claim figures are now in theory as your MCOL

 

Charges + OD interest (if you included it)+ stat (s69) interest @ 8% + court fees.

 

added to this you should have a pence per day interest figure which is added for the number of days since you filed your claim with the court.

 

The letter looks fine

 

pete

[Norty25]

im sorry to sound thick (im really not, honest!) but Im a bit confused by your reply...

 

Is it best to request everything you are entitled to in the nudges? (in my case this would be bank charges + court fees + s69 interest)

 

To be honest I'm not too fussed about chasing after the s69 interest (although obviously the extra cash would be nice) I would be happy to settle for the bank charges and what is has cost me to file my claim.

 

Thanks!

[Norty25]

Also in addition to the query above could someone also tell me should I send the Draft order for Directions now or wait and see what DG's response to the nudge letter is first?

 

Sorry for all the questions, I really appreciate the help x

[pinkduchess]

 

Is it best to request everything you are entitled to in the nudges? (in my case this would be bank charges + court fees + s69 interest)

 

To be honest I'm not too fussed about chasing after the s69 interest (although obviously the extra cash would be nice) I would be happy to settle for the bank charges and what is has cost me to file my claim.

 

Thanks!

 

if you claimed for it when you did your mcol then yes. this is the amount DG will see youre claiming for anyway. when you send the nudges enclose a copy of your SOC - updated to include the court fees & daily interest to date